Legal and Privacy Notices #1

All Parties Please Take Notice:

INDIVIDUAL IDENTITY. We are "CompAmerica Sales and Service Company" ("CSS") doing business as CompAmerica Inc. and compamericadirect.com® along with some variations of said names. Our credit card services and corporate division is known as "PCMAKER LLC" and all our credit card instruments and card charges are security branded with the name "PCMAKER", such will appear on your end of the month Credit Card bill(s) when you purchase by credit card here. CompAmerica and compamericadirect.com are Markus Registrata. CSS is not responsible for nor affiliated with ANY third party business or company, nor for the debts or liabilities of, obligations of or disputes with any third party business or company, past, future or present. Compamerica Internet Services Company ("CISCO") is a subsidiary business entity which has been licensed and authorized to maintain our website, "CSSUSA.NET" (a/k/a compamericadirect.com, accpc.com, and all subdomains pointing to or within same) and that of customers of CSS who contract with CompAmerica in web development, hosting, promotion, SEO, software development and/or any related effort.

ELECTRONIC AND OTHER IMPERSONATION. CSS will authorize counsel to institute appropriate legal steps and/or lawsuit, if it is impersonated by any third party, or if it is wrongfully stated to be associated with any third party, if it is possible to identify the party who impersonated us. We consider any attempt by any third party to dispossess us of our tradenames, trademarks, servicemarks, company names, business names, and/or intellectual properties of any kind to be unlawful and misconduct. Be advised that such misrepresentation and/or impersonation or attempted dispossession of our asets shall result in appropriate statutory and/or civil prosecution to the fullest extent of the law. CSS reserves the right to investigate any violation of its premises, privacy, electronic systems or identity, and to take appropriate steps in the prevention of same.

SPAM, DOS, INTRUSION AND ELECTRONIC VIRUS TRANSMISSION. CSS uses appropriate Anti-Virus software in transmission of all email. CSS does not knowingly send unauthorized or spam email to any third party. All parties sending SPAM, VIRUS BEARING EMAIL, engaging in Denial of Service Attacks, or unlawfully accessing or intruding on our electronic equipment shall be prosecuted to the limits of applicable law. Any third party who HAMMERS (repeatedly and without our express prior authorization duplicates and downloads the content of this website for any purpose whatsoever) this website or any other web domain belonging to CSS shall be treated as engaging in an illegal Denial of Service Attack and prosecuted under civil and/or criminal law. Any party who engages in BLOCKADING (the delaying of access across a public or private Internet Network Backbone) to this or any other web domain belonging to CSS, shall be treated as engaging in illegal Criminal Tampering with and Disruption of Telecommunications and deliberate anti-Competitive behavior and prosecuted under civil and/or criminal law. Any unauthorized party who alters the contents of this website or any other web domain belonging to CSS shall be treated as a criminal intruder and hacker and prosecuted under civil and/or criminal law. Any unauthorized party who copies and retains any of the data packets third parties and / or CSS transmit to this web site's Hosting server, FTP or CGI server and/or Mail server (or that of any web domain belonging to CSS) shall be treated as engaging in unlawful Surveillance and unlawful theft of Computer Data Assets and prosecuted under civil and/or criminal law. Any party who sends SPAM to, Ad-ware to, Spy-ware to or PHISHING email to this website (or any website owned by CSS) shall be treated as engaging in illegal cyber warfare and/or Denial of Service attacks and shall be prosecuted under civil / criminal law. These same terms and conditions apply to CSS's premises, premises networks, mail and phone systems.

UNAUTHORIZED USE. Any unauthorized use of CSS's trade, service or other marks, press releases, website, information bearing our domain name and domains/domain names/websites whether by copying, duplicating, inserting, advertising upon, advertising by linking to, impersonating on search engines, posting misleading information to search engines, advertising systems, downloading, redirecting, ad-ware or spy-ware intervention, publishing, uploading, creating domains, posting, transmitting or distributing in any form or by any means other than with CSS's express written permission is expressly prohibited. No one may link or insert any advertising content to or into our website, domain name(s), trademarks, service marks, copyrighted information, product brochures, service brochures, public announcements, press releases or reproductions of our copyrighted content in any form or by any means without CSS's prior written permission. Any unauthorized use of or linking to materials appearing on our sites or on the Internet belonging to us is in direct violation of our copy rights and may be subject to statutory copyright damages of up to $150,000 per violation, along with attorney fees and court costs. Any unauthorized impersonation of or theft of identity, whether electronic or actual or by deliberate, fraudulent or preponderant mal-association of our well known marks with any third party, is illegal and shall be prosecuted to the fullest extent of applicable law, in addition to such statutory and other damages as same may be subject to.

GOVERNING LAW. By accessing CSS's website or online information that is the property of CSS, user automatically accepts jurisdiction of the laws of the State of New Jersey and of the United States of America and agrees not to violate those laws.

PRIVACY: top

IMPORTANT LEGAL NOTICE OF INTEREST TO PARENTS: Any person below the legal age of consent (a minor in the state or country in which they reside and/or under the age of 18 years), may NOT contribute any information to or send email to the operators of this website without first having their parent or legal guardian provide CSS a notarized written letter or email of consent bearing your daytime and night time telephone numbers. In order to authenticate such granting of parental consent, CSS reserves the right to contact the parents for the purposes of authentication, and to engage in such other steps as insure our compliance with Federal Law. Such written form of consent may be mailed by their parents in advance to: CSS, c/o Counsel in charge of Kidz Privacy, 3rd Floor, 11 Commerce Drive, Cranford, NJ 07016, or emailed in advance to CSS at our email address listed on our Contacts page. Parents are encouraged to visit the United States Federal Trade Commission KIDZ PRIVACY website, maintained by the United States Government and which is located at:
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/
--for more information about protecting their children's rights and safety on the Internet under the Children's Online Protection Rule (16 CFR 312). Any such written or email letter of consent must identify the minor child's name, and email address, and may be withdrawn at any time by either party upon written notice served on the other party. Enforcement of parental supervision and provision or withdrawal of written consent is the sole obligation and responsibility of the parent or guardian of any minor child who visits our websites.
PERSONAL INFORMATION. Personal information gathered on this website is solely for the purposes of providing price quotations for computer hardware by the operator and is stored in a secure file, and is not used for any other purposes known to the operator. Any newsgroup, Blog or news BBS's serviced by us do not gather personal information such as personal addresses or phone numbers, and does require authentication by parties expressing an opinion, by providing their name and email address as part of their message (although the email address is optional in the software). CompAmerica Internet Services Company performs regular weeding activity to remove any content which may appear unsuitable to Children from the Web Bulletin Boards (BLOGS). For the purposes of this activity, CompAmerica recommends that Parents express parental control over any messages children post to any web bulletin board, so as to protect them from contact by predatory third parties.
CompAmerica does not contact parties who post these messages unless they violate the rules of appropriate behavior, to advise them to discontinue such activities. Parents should be advised that Comp America does involve the authorities and investigative agencies in investigation of any attempt by any third party to engage in so-called "web hacking" into its computer premises. Comp America reserves the following right: Information found in cookie files, log files, personal information volunteered and that provided voluntarily by third parties may be used to identify pervasive violators of acceptable behavior standards in connection with any attempt to "hack" into password files, destroy on-line Compamerica documents or engage in other illegal practices.
CompAmerica does not sell or convey any information it receives about any web surfer who accesses its computer equipment knowingly to any third party, with the sole exception of any purchases by telephone or email, which CompAmerica reserves the right to engage in an appropriate legal investigation of a purchaser's credit and credit rating, prior to delivery and shipment of any merchandise thereto.

LEGAL: top
The Internet Domain known as "http://www.cssusa.net", "http://www.compamericadirect.com" is a World Wide Web site accessible on the Internet, and is herein referred to as "this world wide web site". Anyone other than CSS are referred to as "third parties" or "a third party" herein.

The term "CSS" is a Trademark of CSS. CompAmerica, compamericadirect.com and Compu America are Trademarks of CSS. CSS hereby reserves the right to control all MEANS OF CONNECTION TO COMPAMERICA (in other words: access to, search engine references to, meta links to, newsgroup accesss and reference to, email access to, links to, and references to and any and all other forms of access, publication of, reference to, reproduction of, inclusion in third party content, electronic link to, adware/spyware access or information and/or content from or about "http://www.compamerica,com" and its subordinate domains). To that extent any unauthorized such MEANS OF CONNECTION TO COMPAMERICA are prohibited.
We are also, #1 above, referring to and including in "http://www.compamericadirect.com" all of the subordinate, alternate, CSS interconnected and sub-domains of "CSS" used for various purposes (such as "american-computer.com", "CSS", "compamericadirect.com", "compu-america.net", "compamerica-online.com" (and variants), "byamerican.com", "bellnac.com", "pc-giants.com", "laptopmaker.com", "digi-memo.com", "dr-tech-support.com", "accpc.com", and other domains pointing to our website(s) ) and all the DOMAINS found under our CompAmerica Online / Entertainment Services (eg- "globalinterspeciesjam.com", "ImaginationInternet.com", "AlienSci.com", "RoswellInternet.com", "byamerican.com", "compamericatv.com", "ibmpcshop.com", and many other domains in use or not. To verify whether a particular domain is included, please email info@compamericadirect.com ) and any of our other domains so identified by an authorized direct link to the homepage or other part of http://www.compamericadirect.com, all of which shall constitute Solely Our Property and/or Property entrusted to us.
All of the domain(s) belonging to CSS are COPYRIGHTED under either Title 17 of the US Code and under the Vienna and Hague Conventions, and/or under Common Law as devised in United States Law, under Canadian Law, under Mexican Law, under the Laws of the European Parliament as amended and under the Laws of various other national subdivisions, and United Nations Treaties. We claim a preference to the applicable laws of the United States and the State of New Jersey, and maintain a full claim of ownership and clear title to all information contained in the electronic storage of "http://www.compamerica,com" displayed by the World Wide Web Server on which the domain "http://www.compamericadirect.com" resides. This provision and all other terms of these notice(s) extends to all other domains on which CSS maintains a presence. Furthermore, our copyright governs, in common law, the manner in which links are pointed to our copyrighted content, accordingly, the only links which may be pointed, are those which are solely based on information we authorized and provided a link provider with, such as a Search Engine which does not engage in other commercial derived benefits than being a Search Engine, or authorized Affiliate in eCommerce. All other links and duplications are hereby prohibited and such rights revoked and all such users of our content must obtain our advance written and express permissions.
All Products and Descriptions provided on this web site are transmitted on an "as is" basis. Products and Descriptions provided are subject to change without notice. CSS is not responsible for any typographical errors or any errors due to transmission, or problems therewith. Third Parties whose websites are HOSTED by CSS and/or Compamerica Internet Services Company shall be responsible solely for their own content and legal compliance and their activities shall not be deemed the activities of CSS.
CSS disclaims any responsibility for the use of its computers by any buying or reselling third party when used to run software provided by any third party. While its products are built to exacting standard, no SOFTWARE WARRANTY IMPLIED NOR EXPRESS is herein provided, all software operation is the sole responsibility of the party who manufactures it, and or any representations made about same are the sole responsibility of the party who made said representations, even if including CSS products within said representations.
All parts of this world wide web site including its HTML coding, programs, services, products, product names, trademarks, use marks, ideas, styles, graphics, images, language, information, and all other kinds of content are the sole property of CSS and are copyrighted either under Common Law and/or under Title 17 of the United States Code and other law as indicated above. No retransmission or rebroadcast of this said content shall be made without our prior written approval in a certified mail addressed to the re-broadcasting party.
All trademarks and trade names or use marks on this website are the property of CSS where same are not already the restricted property of any third party duly registered at the time they first appear. For information connected with licensing or usage of Trademarks, contact CompAmerica's Legal Department. Such trademarks as are common law, such as "WebPC", "IMP", "Eagle Office Pro", "Eagle", "Orca", "Iris", "Light Wave", "Light Saber", "Light Sabre", "Accpc", "compamericadirect.com", "AccpcTV", "Accpc Television Networks", "Office Pro", "Panther", "Pantera", "Tiger", "Tiger Pad", and such other CompAmerica brandage as may be found on our Website, shall be deemed the property of CSS, and bearing at least the same strength and provenance as had they been registered under Title 17 of the US Code. Conflicting registrations by third parties shall be deemed null and void (and, in most cases: cybersquatting), on both basises: common law usage and USPTO registered trademark/service mark usage by CSS of any of its trademarks.
Notwithstanding the foregoing, the content of and body of this world wide web site and domain may be freely displayed electronically by any third party across the Internet and interconnected computer systems, so long as the original contents of it are not materially altered or materially modified in any way, using a so-called "web browser" such as Netscape Navigator, Microsoft Internet Explorer, Firefox and/or similar or related browser programs and so long as the contents are not incorporated into the commercial presentations, preparations, sales or offerings of any third party without the express written permission of CSS, AND SPECIFICALLY so long as the content and body of this world wide web site and domain are used for the purposes of the sale of and/or the promotion of CSS, its products and its services. Expressly forbidden usage includes but is not limited to reproduction on free websites without our express permission, display for the purposes of derogating, commercial exploiting or disparaging CSS, its products, marks, domains, domain names, personnel and/or services, forgery, impersonation, libelous usage, mis-association of content in any manner, slander, fraud, haven spam, spam, flooding, denial of service, commercial reproduction for other than the express promotion of CSS, use for the purposes of unlawful trespass or intrusion, theft of services, theft of CSS, its products and its services and other similar torts.
The Branding trademarks used herein, including but not limited to Eagle, Panther, Orca, Dolphin, Phoenix, Jaguar, Anaconda, Vulcan, Alexander, Office Pro, Anaconda, Apollo, Wind Surfer, Wind Soarer, Empire, Q, Eagle Server, Panther Server, Jaguar Server, Apollo Professional, Apollo Q, NetworkSol and other trademarks not identified as or not belonging to a third party, found within this world wide web site are the property of CSS and may not be used without the express written permission of CSS. All trademarks are the property of their respective owners.
CSS, of Cranford, New Jersey, a Corporation authorized to do business in the State of New Jersey, and its website(s) "http://www.CSSusa.net" also known as "http://compamericadirect.com", "http://www.compamericadirect.com", "http://www.pcmaker.net", and "http://www.pcmakerllc.com" and by other names, associated with it, is under no obligation maintain this website beyond the capacity to do so or at any predicted level of maintenance. As a result the website from time to time may display temporarily inaccurate information, may display pricing that has since changed, may be missing some or all of the relevant technical features of products and services offered for sale here, and may from time to time bear information or representations about or belonging to third parties which it is unaware of the third parties do not wish it to display. CSS disclaims any obligation or responsibility for same, due largely to the complexities such involves. Nevertheless, CSS will do its better to keep this website as up to date as it can, and if any third party wishes to identify any such errors or inaccuracies, it may contact CSS at "info@compamericadirect.com" in order to do so.
CSS IS NOT RELATED to the company (nor has it ever been) which is known as "Comp America, Inc. of Tustin, California" - aka "http://www.CompamericaPc.com'. CSS IS ALSO NOT RELATED to the company (nor has it ever been) which uses the domain name "Compu-America.Com", which is located somewhere in California. CSS does however claim trademark rights to CompAmerica, compamericadirect.com, Compu America, Compu-America.xxx and CompuAmerica.xxx, where xxx is any top level domain. Certain legal matters are being undertaken in order to eliminate those with names for businesses and domains and products or cyber squatting is sufficient as to cause confusion, mistake and deceit among consumers regarding the source of CompAmerica’s goods, services and website.
"compamericadirect.com", "Compu-America", "Compu America", "CompAmerica" and "Comp America" are trademarks in common law or registered with the US PTO used under an express license by CompAmerica and legally belong to a licensor which has granted us the exclusive right to use same, and may not be used by any third party in any manner. We hereby claim rights to all names and marks and domain names registered, markus registratat or in common law which incorporate the name 'CompAmerica' and/or 'CompuAmerica' (or variants thereof, with or without delimiters such as hyphens or slashes).
CSS IS NOT RELATED to the company (nor has it ever been) which is dually known as "Academic Achievement Services", "National Financial Consultants", and as "National Educators", located at one time in Union, NJ. Said company between 1998 and 2000, purchased computers from CSS's predecessor and did not render full payment for them, and has since disappeared. Any information about the whereabouts of said company or its principals would be graciously appreciated.
If you need assistance determining if you are purchasing an AUTHORIZED CSS product: please call our Sales Office at 908-931-1200 for help.
Any third party reproducing our trademarked name, content from this website, or other information from this website without obtaining written authorization in advance from CSS shall be deemed in violation of our policies and rights, and may not do so without first obtaining written authorization in advance from CSS. Any party who enters this website and then knowingly copies or reproduces its content for commercial purposes without obtaining advance written authorization from CSS shall remove same from their website, and shall also do so upon written, electronic or verbal demand made by CSS. Any ISP, SEARCH ENGINE, NEWSGROUP or POP provider which is formally notified not to allow a client to reproduce content or Trademarks found herein shall immediately remove same from their databases upon verbal, electronic and/ or written demand.

COPYRIGHT and TRADEMARK: top

Intellectual Property Rights Notice (updated 1/1/2005) >
[COPYRIGHT PROVISIONS effective with respect to all transactions after October 5, 1970.]
The copyright in all material provided on this site is held by CSS ("CSS") and/or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, linked to by third parties for any purpose or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CSS.
Permission is conditionally granted to display, copy, distribute and download the materials on this Site using a standard Web Browser program such as Microsoft Internet Explorer, Netscape Navigator, Firefox or similar, for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials, and agree to post only non-commercial LINKS to this page so long as such is not used to either derogate or defame CSS, are not used for advertising or commercial exploitation, and not used to defame CSS's entities, products and/or staff and management. Multimedia streams on this website are the property of their respective owners and may be accessed only in a way that is consistent with the design of the website. Duplicating and using them for any commercial or non-commercial purpose is prohibited.
All Press without exception must take notice: all Press coverage of our company and this website in any form requires submission of pre-publication final drafts of the copy you intend to publish for review by CSS subject to right of refusal, to insure accurate information representation, even if obtained by phone or casually and in person from any CSS employee or representative or document or broadcast or other thing. All press releases by CSS or by any third party about CSS may not be linked to third party advertisement that in any manner dilutes or constitutes unauthorized use of CSS's trademarks, servicemarks, copy rights or other rights.
You also may not, without CSS's express written permission, "mirror" any material contained on this Site on any other server. Any prior written permission granted terminates automatically if the party granted such a permission breaches any of the (herein) terms or conditions.
Upon termination of any permission, whether expressly or automatically as a result of breach of the herein terms and conditions, you will immediately destroy any downloaded, duplicated, linked to and printed materials, after printing a copy to provide to CSS. Any unauthorized use of any material contained on this Site violates copyright law, trademark law, the laws of privacy and publicity, Federal Trade and communications regulations and statutes.
U.S. Government Restricted Sites
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of CSSs’s proprietary rights in and to them, including web content, emails from CSS and its domains, and materials faxed and mailed from CSS itself. Such may not be duplicated and/or may not be given to any third party for any commercial purpose without the express written permission of CSS.
Notice: Acceptance of Terms of Use. Use of this Site is subject to certain Terms of Use which constitute a legal agreement between you and CSS. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use.
Please review the Terms of Use; and if you do not agree to the terms, do not use or visit this Site.
Terms and Conditions of Sale and Use of this Site
[Terms and Conditions of Sale effective as of Jan. 1, 2004]
TERMS AND CONDITIONS OF SALE AND RESTRICTIONS: top
The following terms and conditions govern the sale by the CSS entity named on the invoice ("CSS") that will be provided to Customer on orders for computer systems and/or related products sold in the United States. By accepting delivery of the computer systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH CSS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER CSS STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, in CSS's sole discretion.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and CSS.
2. Governing Law. THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY. Venue and jurisdiction for all disputes will lie in Union County, New Jersey.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within CSS's sole discretion, and, unless otherwise agreed to by CSS, payment must be received by CSS prior to CSS's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by CSS. If credit terms have been agreed to by CSS, invoices are due and payable within twenty (20) days after the date of the invoice. CSS may invoice parts of an order separately. Orders are not binding upon CSS until accepted by CSS. Any quotations given by CSS will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on CSS's invoice(s). Unless Customer provides CSS with a valid and correct tax exemption certificate applicable to the product ship-to location prior to CSS's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for CSS's franchise taxes and taxes on CSS's net income. If applicable, a separate charge for taxes will be shown on CSS's invoice.
5. Title. Title to products passes from CSS to Customer on shipment from CSS's facility. Title to software will remain with the applicable licensor(s).
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO CSS-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. CSS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN CSS's APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND CSS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON CSS's RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. CSS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CSS's RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND OR REPLACEMENT AS SET FORTH IN CSS's APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.
CSS reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. CSS does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
7. Return Policies. CSS systems that are purchased directly from CSS by an end-user Customer may be returned by Customer in accordance with CSS's "Total Satisfaction Return Policy" in effect on the date of the invoice. Reconditioned parts that are purchased directly from CSS may be returned by Customer during the 10 day period following the date of shipment by CSS for a credit or for a refund of the purchase price if already paid; for new parts, the return period is 21 days. A restocking charge applies wherever noticed.
8. Exchanges. From time to time, CSS may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with CSS's exchange policies in effect on the date of the exchange. A restocking charge applies wherever noticed.
9. Products. CSS's policy is one of on-going product update and revision. CSS may revise and discontinue products at any time. CSS will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building CSS products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
10. CSS Software-Hardware, Etc. Products. CSS Software-Hardware, Etc. products carry different return and warranty policies than CSS products. CSS Software-Hardware, Etc. products may be returned to CSS Software-Hardware, Etc. in accordance with the CSS Software-Hardware, Etc. program's return policy in effect on the date of invoice. Any warranty and technical support provided on a CSS Software-Hardware, Etc. product is provided by the original manufacturer, not by CSS Software-Hardware, Etc. . The warranties and technical support may vary from product to product.
11. Limitation of Liability. CSS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CSS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
12. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. CSS has separate terms and conditions governing resale of products that are inclusive hereof but expressly modify this agreement and are strictly between CSS and reseller entities.
13. Service and Support. CSS endeavors to provide the best customer and technical telephone support in the personal computer industry. For end-user Customers, CSS promises that its support people will attempt to handle over the telephone any problem involving CSS products. However, CSS's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. CSS has no obligation to provide service or support until CSS has received full payment for the product or service/support contract for which service or support is requested. CSS will make on-site service available to Customer in the United States in accordance with the then-current terms and conditions set by CSS and/or the third-party service provider.
14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.